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No: 13, Old. No 7, First Floor, 4th Main Road, Officers Colony, Adampakkam, Chennai – 600 008, www.vmlegalassociates.com
NEWS LETTER VOLUME -3 ISSUES 31
December - 2016
ONE TEAM
DIVERSFIED
ACTIVITIES
NEWS
AMENDMENT AND NOTIFICATION
RECENT CASE LAWS
COMPLIANCE CHECK LIST
S.S.MADHAVAN, M.A., MBA., BL.,
R.R.RAVINDARAN, M.A., MBA., BL.,
P.NEHRU, B.SC., BL.,
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 2
V & M Associates is a full service Law Firm with offices at Chennai, Bombay
and associate Lawyers in most of major cites of the country. The main office of
the Firm is in Chennai, conveniently located close to the International & Domestic Airport and it is easily accessible from all parts of the City. The Partners and members of the Firm are senior professionals with several years of experience behind them. Some of our senior founding partners rendered
their services in the Capacity of Regulating Authorities with judiciary powers for state & Federal Government. The practicing team is supported by the Economic Legislative Experts like Charted Accountants, Company Secretaries, & Management Cost Accountants, besides has the team of able assisting trained Para legal workforce. They bring the highest level of professional service to
clients along with the traditions of the profession, integrity and undisputed
ethical practices. Members of the Firm are in absolute alignment with the work-culture of Global Law firms as well as with an ability of meeting the expectations of large corporate clients. The Firm has amongst its client’s multi nationals, Industrial Houses with huge workforce, Information Technology companies, Leading Software Houses, ITES Companies and most admired leading Indian corporations.
V & M Associates has developed a high specialization in the field of Legal & Management Business Advisory services, providing 360 degree of scale with the 3
Dimensional approaches on client centric customized, consulting services of to all
kind of Corporate Houses. Our Corporate Law Services is a team of highly qualified and experienced lawyers, who offer effective services to our clients by combining broad knowledge of corporate law matters with experience in key sub disciplines, with the ability to identify potential issues and develop real-time,
practical solutions to a wide variety of client concerns.
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 3
Global Changes,
Political,
Policy Decisions,
Executive Exists,
BoardRoom Battles,
Natural Calamity,
Court Room Decisions,
Death of Leaders,
Market Failures and finally
Managerial slippages:
The year had been a mixed with multiple pull factors on the performance of
Business Houses and it is a time for the practicing managers to have a deep dive
diagnosis for identifying corrective & preventive action plan for the year 2017 with
right alternate. In order to help the Managers/Business Leaders in Action, We at
V & M Associates designed a “On Call- Off-line On-demand Help Desk” known as
“MbA” - Management through better Alternates.
2016- The Illustrative
Top Ten causes for
Business Concerns -
Call for New Managerial
Learning
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 4
1. Major Global Changes with serious impact on Indian Corporate Houses:
On the evening of 8 November, the world gathered in front of TV screens for the news. In the
early hours of 9 November, it began to dawn on us that Florida fell to Donald
Trump,When David Cameron returned from Brussels in February, brandishing his peace-in-
our-time renegotiated EU membership terms.
2. Major Political Terror Attack misbalancing Business Economy:
Be it a smartly dressed in a dark suit and tie , well blended with other guests at modern art
centre in the Turkish Capital but MertAltintas, a pokice officer who killed Russia’s
ambassador to Turkey or the seven of the nine jihadis who attacked Paris late last year,
killing Syrian refugees 130. In March, Brussels became the next target, when bombs at the
airport and a metro station killed more than 30 and injured 300. But July was to be the
deadliest month: Bastille Day celebrations on a balmy night in Nice became a massacre
when a Tunisian man drove a truck into the crowds, killing 86 and injuring more than 400.
Twelve days later, two 19-year-old jihadis forced an 85-year-old priest to kneel at his own altar
in a Normandy church and slit his throat. In Germany, an Afghan asylum seeker ran amok
with an axe on a train, a Syrian refugee blew up a wine bar
3.Major Policy Decisions of Governments making tough times to Managers:
Be it the new H1 B Visa policy of United States of America or the recent Demonetization policy
of Government of India, or the outsourcing policy of US or the Labour Law changes with
increased coverage of ESI, PF and Bonus Benefits in India with an impact to new classification
of International Workers – all changes leading to new challenges for every practicing managers.
4.Major Corporate – Executives’ exits and their followers:
Two decade old Global CFO cum President of Cognizant exists or new generations online retail
major Flipkart CFO quits, sudden changes in the leadership team of Infosys, series of
resignations of start-up stores or the sensational exit of Arunab Gowswamy the voice of
voiceless from Times, making a big vacuum in talent search for the managers leaving some or
other unstated questions in the mind of stake holders.
5.Major Board Room Battles:
Tata’s well known big street fights in every Tata companies Board meeting in consultation
with the battery of learned counsels of the country or the history repeats story of Wadia’s or
the stained yester years icon of Indian Corporate Malliah’s run for life & the bank’s chase for
his blood leaving the split chairs in the Board. All these lead to another question in the mind
of investors about the Corporate Business Dimensions of our country further give additional
challenges to practicing managers with some underpowered decision support on transactions.
6. Major Natural Disaster impacting the normal Trade:
Be it Manipur’s high order magnitude earthquake or Meteorite in Vellore of Tamil Nadu or the
recent Vardha stormed the Madras. The studies say that 75 % of Indian companies are not
prepared for disaster management as per the recent survey of CBRE
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 5
7. Market Failures
The steep changes in the Sensex on various grounds or sudden rise & fall of gold or the failure
of new introductions of products, create managerial alert for all of us. At times we do not know
how it has fallen and we wonder of the fall of bigger brands like Nestles Magi – the million dollar
question of compliances or non compliances made a museum brand.
8. Major Impact of Business due to court rulings:
The court room rulings in the name of raising voice had created causality noice in the board
rooms, be it NEET the national eligibility test for medical entrance shaken the economic
wisdom of large private world-class universities of India or the divided cultural aspects of
“Jallikattu” a bulls play brought the bears fall in the Business Index. Ban or withdrawal of 364
drugs or the Arbitration Award on Tata’s gave no time to react for any business houses to act
prudently except doing some or other first aid.
9. Major Changes expected due to death of Leaders:
Be it the death of celebrated revolutionary global leader of Cuba after prolonged illness or the
sudden fall at home leading to the death of undisputed Local leader of Tamilnadu and
subsequent expected changes likely to cause some or other administrative modifications in the
business approach of the companies. We are yet to find out the preparedness of our
Managerial ability to address more prudently.
10. Major Slippages of Managers:
There are many to list but considering the cultural background, we limit with the top three
impacted us seriously.
a) Most of the practices are nothing but “Copy Cat”
b) No evident true value addition and finally the
C) Bad Hiring
New Year Resolutions:
We have made use of this News Letter to share the research based thought which are commonly
affecting the normal business process and call for major realigning at policy level not only to
safeguard and also to work towards better healthy days with high order of managerial energy.
During the time of research it was identified by us to provide a dedicated professional support
desk at V & M Associates to assist every practicing managers who manages the grace of
transactions and hold the customer’s pride of the company .The desk is designed and in
operations to serve you better through Managing through better Alternatives in the name
and style of “M b A”.
Keep V & M Associates or similar value add right Business Management Consulting
Associates at the time of New Year Business Resolutions
Wishing you, your team and family members a very happy new year and hope to have a humble
start with your good office in the days to come during
2017 for us to do our part of little value add in the
unstoppable journey of your Corporate by the grace of
Almighty.
Kalidasan.GK
Chief Editor
Decoder of DNA
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 11
Awarding back wages to the workman without justification is liable to be set aside. The
Judicial or quasi-judicial authority should not award back wages along with relief of
reinstatement in service to a workman.
Supreme Court of India – D.T.C. Vs. Gian Chand – 2016 LLR 1233
----------------------------------------------------------------------------------------------------------------------------------------------------------
Casual labour engaged in construction work / activities for wages shall be entitled and
required to become member of the Scheme under Employees’ Provident Funds and
Miscellaneous Provisions Act, 1952.
Madras High Court – Builders Association of India, Madurai Centre Vs. Union of
India and Others – 2016 LLR 1248
----------------------------------------------------------------------------------------------------------------------------------------------------------
Delay in initiating proceedings on the part of EPF Authority for recovery of EPF dues
along with interest and damages from defaulting employer is no hurdle in invoking the
provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
as per law settled by the Apex Court.
Punjab and Haryana High Court – Food Corporation of India Vs. EPF Apellate
Tribunal – 2016 LLR 1253
----------------------------------------------------------------------------------------------------------------------------------------------------------
Basis of calculation of 240 days continuous service is 12 calendar months preceding he
date with reference to which the calculation is to be made and not the calendar year as
per provisions of Section 25B of the Industrial Disputes Act, 1947. If the employer fails
to prove on record that the workman was gainfully employed, it would be liable to pay
the amount of back-wages.
Madhya Pradesh High Court – Water Resources Department, Bhopal Vs.
Manharan – 2016 – LLR - 1244
----------------------------------------------------------------------------------------------------------------------------------------------------------
Workers,whose salary is paid by the contractor if working under the direct supervision
and control of the principal employer, they would be employees of the principal
employer.
Orissa High Court – Regional Engineering College, Rourkela Vs. EPF Appellate
Tribunal – 2016 LLR – 1249
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 12
List of Registers to be Maintained Under Various Labour Laws
Sl. No. Act Frequency Principle Employer ---->
1 S & E Act MONTHLY Register of advance , Deduction, Damages and Loss fine - Form – P
2 S & E Act MONTHLY Register of Employment for Shop and Establishment Form – Q
3 S & E Act MONTHLY Register of Wages - Form – R
4 S & E Act MONTHLY Notice of Daily Hours of Work, Rest Interval Weekly Holiday Form – S
5 S & E Act MONTHLY Wages slip/Leave card Return - Form – T
6 LWF MONTHLY Labour Welfare Fund register - Form – B
7 Min Wages MONTHLY Register of Fines–Form -1
8 Min Wages MONTHLY Deduction and Damages- Form - II
9 Min Wages MONTHLY Overtime register- Form - IV
10 S&E Act MONTHLY Whether minimum leave entitled / availed as per Shops & Establishment Rules
11 S.A.ACT MONTHLY Maintenance of Registers - Form – 1
12 P.S.ACT MONTHLY Maintenance of Registers - Form – 1
13 M.B.ACT MONTHLY Maintenance of Registers - Form – A
14 M.B.ACT MONTHLY Whether any maternity Benefit and maternity Bonus paid to the eligible women employee for the month
15 E.R.ACT MONTHLY Maintenance of Registers - Form – D
16 N.F.H.ACT ONGOING Maintenance of Registers - Form – VI
17 P.W. ACT MONTHLY Register of Fines – Form - I
18 P.W. ACT MONTHLY Deduction and Damages - Form - II
19 P.W. ACT MONTHLY Register of Advances - Form - III
20 P.W. ACT MONTHLY Notice of Rate of Wages-Form – VI
21 EPF ACT MONTHLY EPF Challan on or before 15th of Succeeding Month
22 ESI ACT MONTHLY ESI Challan on or before 21st of Succeeding Month
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 13
NOTICE BOARD DISPLAY COPY
23 MA.NO.BO ONGOING Abstract of the Maternity Benefit Act – FORM - J
24 S & E Act ONGOING Notice of Daily Hours of Work, Rest Interval Weekly Holiday –FORM - S
25 GRA. NO. BO
ONGOING Abstract of the Gratuity Act – FORM - U
26 P.W.NO.BO ONGOING Abstract of the Payment of Wages Act - FORM - V
27 M.W. NO.BO
ONGOING Abstract of the Minimum Wages Act - FORM - X
28 N.F.H.ACT ONGOING Display of list of Holidays under National and Festival
Holiday Act – FORM- V 29 P.W. ACT ONGOING Notice of Rate of Wages under Payment of Wages Act
Form – VI 30 CL NO.BO ONGOING Abstract of the Contract Labour Act - Rule -79
31 GRA.ACT ONGOING Display of Notice - Authorized by the employer to receive Notice - Rule - 4
32 Min Wages ONGOING Inspectors Details- under the payment of minimum wages Act – Rule - 22(10)
33 N.F.H.ACT ONGOING Proceeding number received from Labour department- under the National and Festival Holidays Act –FORM - III
34 Min Wages ONGOING Notices required to be displayed at work site, under Minimum Wages Act, showing rates of wages, hours of work, wage periods, date of payment of unpaid wages, Name and addresses of inspector in English and in a local language -Rule 10 of Annexure - A
35 S & E Act ONGOING Displayed in Entrance of Company - COMPANY NAME BOARD IN TAMIL & ENGLISH
DUE DATE FOR FILLING OF RETURNS – 31.12.2016
ACT FREQUENCY DETAILS S & E Act Monthly Copy of Form -S - for addition and deletion for the
month to be send to the office of the Assistant Inspector of Labour and Inspector of Labour
POB Yearly Submission of Annual Return – Form D
N.F.H.Act Yearly Submission of Holidays list to Labour Department - Form - V
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 14
IT, ITES & Software Establishments [Due Date – 31st Jan 2017]
S.No Act Frequency Principle Employer
1 S & E Act Half Yearly Self-Certification Half Yearly Return - Form O
2 S & E Act As And When
Notice of Daily Hours of Work, Rest Interval Weekly Holiday - Form S
3 LWF Annual Labour Welfare Fund Annual Return (in applicable month) - Form A
4 Min Wages Annual Annual Return - Form III
5 Min Wages Half Yearly Self-Certification For Minimum Wages - Form XII
6 C.P.S.W.Act Half Yearly Annual return /Half yearly - Form 2
7 C.P.S.W.Act Annual Declaration statement under Rule 6(3) of Tamil Nadu
Industrial Establishments (Conferment of permanent status) Act-1981
8 P.S.A.Act Half Yearly Annual return /Half yearly - Form 2
9 M.B.Act Half Yearly Self-Certification Half Yearly Return - Form L
10 M.B.Act Annual Annual Return - Form K
11 P.W. Act Annual Filing of Annual Return - Form IV
12 P.W. Act Half Yearly Self-Certification for Payment of Wages - Form VIII
13 Bonus Act Annual Bonus Return - Form D
14 GRA.Act Half Yearly Self-Certification Half Yearly Return - Form V
15 CLRA Act Half Yearly Self-Certification - Half Yearly Return - Form XXX
16 W.C.Act Annual Filing of Annual Return - Schedule
Employment Exchange Return [Due Date – 31st Jan 2017]
S.No Act Frequency Principle Employer
1 E E Act Quarterly To be Submitted to Local Employment Exchange Form ER - 1
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 15
Commercial Establishments (Trading & Marketing) – [Due Date – 31st Jan 2017]
S.No Act Frequency Principle Employer
1 S & E Act As And When
Notice of Daily Hours of Work, Rest Interval Weekly Holiday - Form S
2 LWF Annual Labour Welfare Fund Annual Return (in applicable month) - Form A
3 Min Wages Annual Annual Return - Form III
4 C.P.S.W.Act Half Yearly Annual return /Half yearly - Form No. 2
5 C.P.S.W.Act Annual Declaration statement under Rule 6(3) of Tamil Nadu
Industrial Establishments (Conferment of permanent status) Act-1981
6 P.S.A.Act Half Yearly Annual return /Half yearly - Form 2
7 M.B.Act Annual Annual Return - Form K
8 P.W. Act Annual Filing of Annual Return - Form IV
9 P.W. Act Annual Notice of Rate of Wages - Form VI
10 P.W. Act Annual Tamil Nadu Payment of Wages Rules, 1937 - Form VII
11 Bonus Act Annual Bonus Return - Form D
12 W.C.Act Annual Filing of Annual Return - Schedule
Disclaimer
You are receiving this communiqué either because you have interacted with us on business or because
you’re usual contact with us thinks you may find this interesting. This is for private circulation only and a
compilation of already published relevant material for the ease of use and remembrance. This is not an
advertisement or any form of solicitation. If you do not wish to receive this newsletter, please just reply
‘Unsubscribe’.
For Factories – [Due Date – 31st Jan 201]
S.No Act Frequency Principle Employer
1 LWF Annual Labour Welfare Fund Annual Return (in applicable month) - Form A
2 LWF Quarterly Register of fines and unpaid accumulation - Form C
3 C.P.S.W.Act Half Yearly Annual return /Half yearly - Form No. 2
4 P.S.A.Act Half Yearly Annual return /Half yearly - Form 2
5 P.W. Act Annual Notice of Rate of Wages - Form VI
6 P.W. Act Annual Tamil Nadu Payment of Wages Rules, 1937 - Form VII
7 Fact. Act Annual Prescribed under Rule 76, The Tamil Nadu Factories Rules 1950 – Form No. 11
8 Fact. Act Annual Prescribed under clause (2) of rule 100 of the Tamil Nadu Factories Rules 1950 - Form No. 22(Combined Annual Returns for the year ending 31st December…….)
NEWS LETTER – DECEMBER 2016 VOLUME – 3 ISSUE -31
www.vmlegalassociates.com Page 16
V & M ASSOCIATES
(Advocates & Solicitors)
NEW NO.13, OLD NO.7, FIRST FLOOR, 4TH MAIN ROAD, OFFICERS COLONY,
ADAMPAKKAM, CHENNAI 600 088 PHONE: 044 – 4353 6455
E.mail: [email protected] www.vmlegalassociates.com